“What if They Don’t” Clause
Divorce is a difficult process that can be financially and emotionally draining. It is not uncommon for people to be stuck and afraid when it comes to getting a divorce, especially if they are in an abusive relationship. Tracy Malone, a narcissist abuse coach and a divorce coach, shares her experience with Jessica and T.H. on the Divorce etc… podcast, emphasizing the importance of protecting oneself from post-separation abuse. One way to do this is by having a clause in the divorce agreement that penalizes the other party if they do not comply with what is ordered. This clause will prevent them from having free financial gain and taking advantage of the situation.
Tracy suggests that it is important to think about protecting oneself before getting married. While a prenuptial agreement may seem creepy and unnatural, it can prevent a person from being in a “puddle of doom” when trying to figure their way out of a difficult marriage. It is essential to realize that no one knows how their relationship will end or if it will end, so planning for the inevitable is necessary. As Tracy states, “as much as we can pre-do, or at least in a divorcing situation, put some protections in just in case they don’t do what they are ordered to do.”
Don’t Let This Happen to You
Tracy provides a real-life example of why having a clause in the divorce agreement is important. She went to court with a client who had not received $20,000 in two years because her ex-husband had not sold a couple of rental properties and given her $300,000 as ordered in the divorce decree. When her lawyer won the case, the judge ordered her ex-husband to pay her within 30 days or go to jail. However, her lawyer had spent $20,000 to get to that day of court, and the judge could not award her legal fees because it was not in the initial decree. Tracy realized the importance of having a clause in the agreement that penalizes the other party if they do not comply with what is ordered.
How and When To Add This Clause
Tracy suggests that the conversation about the clause should happen when a person is considering divorce or when they first retain a lawyer. If a person decides to have a prenuptial agreement, they should think outside the box and beyond the standard boilerplate template. A prenuptial agreement should have a clause that penalizes the other party if they do not comply with what is agreed upon.
In conclusion, protecting oneself from post-separation abuse is crucial when going through a divorce. Having a clause in the divorce agreement that penalizes the other party if they do not comply with what is ordered can prevent them from taking advantage of the situation. Thinking about protecting oneself before getting married is also necessary, and having a prenuptial agreement with a clause that penalizes the other party if they do not comply with what is agreed upon can save a person from a difficult situation in the future.